Wells v. City of Southfield

On December 7, 1964, the assessment roll for the installation of a sewer in *394the city of Southfield was confirmed. The project has been completed. Plaintiff had brought suit in March, 1964, to enjoin the proposed project, but the suit was not prosecuted until after the work was finished, when plaintiff amended his complaint to pray that the assessment be declared invalid and to ask for the return of the assessed installments he had assertedly paid under protest.

The trial court granted the city’s motion for accelerated judgment which was based on failure to comply with section 9.26(c) of the…